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PROTECTION OF PLANT VARIETIES AND FARMERS-RIGHTS ACT, 2001 Chapter VI

Title: FARMERS' RIGHTS

State: Central

Year: 2001

.....community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules made thereunder. Explanation.-- For the purposes of this section, "fees in any proceeding" includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this Act or the rule made thereunder. Section 45 - Gene Fund (1) The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto-- (a) the benefit sharing received in the prescribed manner from the breeder of (25 of 1961) variety or an essentially derived variety registered under this Act, or propagating material of such variety or essentially derived variety, as the case may be; (b) the annual fee payable to the Authority by way of royalty under sub-section (1) of section 35; (c) the compensation deposited in the Gene Fund under sub-section (4) of section 41; (d) the contribution from any national and international organisation and other sources. (2) The Gene Fund shall, in the prescribed manner, be applied for meeting-- (a) any.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 39

Title: Farmers Rights

State: Central

Year: 2001

.....this Act; (ii) the fanners' variety shall be entitled for registration if the application contains declaration as specified in clause (A) of sub-section (1) of section 18; (iii) a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund: Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act; (iv) a fanner shall be deemed to he entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act: Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act. Explanation.--For the purposes of clause (iv), "branded seed" means any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under this Act. (2) Where any propagating material of a variety.....

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PROTECTION OF PLANT VARIETIES AND FARMERS-RIGHTS ACT, 2001 Chapter II

Title: PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHT AUTHORITY AND REGISTRY

State: Central

Year: 2001

.....to be appointed by the Central Government, shall be a person of outstanding calibre and eminence, with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development, (b) The members of the Authority, to be appointed by the Central Government, shall be as follows, namely:-- (i) the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (ii) the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio; (iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (iv) the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio: (v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio; (vi) one member not below the rank of Joint Secretary to the Government of India to represent the Department of Bio-technology, Government of India, ex officio; (vii) one member not below the rank of Joint Secretary to the Government.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Preamble 1

Title: Protection of Plant Varieties and Farmers-rights Act, 2001

State: Central

Year: 2001

THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 [Act No. 53 of 2001] [30th October, 2001] PREAMBLE An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties; AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders' rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties; AND WHEREAS such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers; AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the protection of the rights of farmers and plant breeders; AND WHEREAS.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 43

Title: Authorisation of Farmers Variety

State: Central

Year: 2001

Notwithstanding anything contained in sub-section (6) of section 23 and section 28, where an essentially derived variety is derived from a farmers' variety, the authorisation under sub-section (2) of section 28 shall not be given by the breeder of such farmers' variety except with the consent of the farmers or group of farmers or community of farmers who have made contribution in the preservation or development of such variety.

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THE KERALA FARMERS' DEBT RELIEF COMMISSION ACT, 2006 Complete Act

State: Kerala

Year: 2006

.....connected therewith or incidental thereto. Preamble - WHEREAS, the benefits conferred by the Kerala Agricultural Debtors' (Temporary Relief) Act, 2001 (Act 19 of 2001) are available only in respect of debts incurred by farmers before the 29th December 2001, on which date the said Act came into force; AND WHEREAS, even after the said date the farmer indebtedness in the State continued to be on the increase due to various factors; AND WHEREAS, certain districts in the State are afflicted by severe distress due to the agrarian crisis, and it ruined many farmers financially and in some cases led to suicide; AND WHEREAS, several suits and other proceedings have been filed in courts, tribunals and other authorities for the recovery of debts accrued from farmers; AND WHEREAS, it is expedient to provide relief to the farmers who are in distress due to indebtedness, by constituting a Commission with power to pass awards after adjudication and recommend appropriate measures for the redressal of the grievances of such farmers through conciliation and negotiation and for matters connected there with or incidental thereto; BE it enacted in the Fifty-seventh year of the.....

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THE KERALA DAIRY FARMERS' WELFARE FUND ACT, 2007 Complete Act

State: Kerala

Year: 2007

THE KERALA DAIRY FARMERS' WELFARE FUND ACT, 2007 ACT 7 OF 2007 THE KERALA DAIRY FARMERS' WELFARE FUND ACT, 2007 AN ACT to provide for the constitution of a Fund to grant relief to, to ensure the welfare of, and to pay pension to the Farmers engaged in cattle rearing in the State of Kerala. Preamble.- WHEREAS, it is expedient to provide for the constitution of a Fund to grant relief to, to ensure the welfare of, and to pay pension to the Farmers engaged in cattle rearing in the State of Kerala and for matters incidental thereto; BE it enacted in the Fifty-eighth Year of the Republic of India as follows:- 1. Short title and commencement.- (1) This Act may be called the Kerala Dairy Farmers' Welfare Fund Act, 2007. (2) It shall be deemed to have come into force on the 24th day of August, 2005. 2. Definitions.- In this Act, unless the context otherwise requires,- (a) ''Board'' means the Kerala Dairy Farmers' Welfare Fund Board constituted under section 8; (b)''Chief Executive Officer'' means the Chief Executive Officer appointed under sub-section (1) of section 11; (c) ''contribution'' means the sum of money payable to the Fund under section 7; .....

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THE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 Complete Act

State: Kerala

Year: 2008

THE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 ACT 30 OF 2008 THE KERALA FARMERS' DEBT RELIEF COMMISSION (AMENDMENT) ACT, 2008 AN ACT to amend the Kerala Farmers' Debt Relief Commission Act, 2006. Preamble.- WHEREAS, the Government of Kerala consider it necessary to enhance the representation of farmers in the Kerala Farmers' Debt Relief Commission so as to make its functioning more efficient and to complete within specified period; BE it enacted in the Fifty-ninth Year of the Republic of India as follows:- 1. Short title and commencement. - (1) This Act may be called the Kerala Farmers' Debt Relief Commission (Amendment) Act, 2008. (2) It shall be deemed to have come into force on the 22nd day of May, 2007. 2. Amendment of section 3.- In sub-section (2) of section 3 of the Kerala Farmers' Debt Relief Commission Act, 2006(1 of 2007)(hereinafter referred to as the principal Act),- (1) for the words "five members", the words "seven members" shall be substituted; (2) in item (iii), for the words "two representatives of farmers", the words "four representatives of farmers" shall be substituted. 3. Repeal and Saving.- (1) The Kerala Farmers' Debt Relief.....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Chapter I

Title: Preliminary

State: Central

Year: 2001

.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....

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Protection of Plant Varieties and Farmers-rights Act, 2001 Section 2

Title: Definitions

State: Central

Year: 2001

.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....

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